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Madras High CourtCRL RC/1576/2023disposed of

S.Suba Krishnan v. U.Raja

2024-03-19Honourable Mr Justice M. Nirmal Kumar15 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.R.C.Nos.1576 & 2002 of 2023 and Crl.M.P.No.18538 of 2023, 5360 & 5364 of 2024 S.Suba Krishnan ... Petitioner in Crl.R.C.No.1576 of 2023 & Respondent in Crl.R.C.No.2002 of 2023 Vs.

U.Raja ... Respondent in Crl.R.C.No.1576 of 2023 & Petitioner in Crl.R.C.No.2002 of 2023 PRAYER in Crl.R.C.No.1576 of 2023: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the judgment dated 06.07.2023 in Crl.Appeal No.262 of 2022 on the file of XXI Additional Sessions Judge, City Civil Court, Chennai by confirming the C.C.No.1750 of 2018 on the file of Metropolitan Magistrate, Fast Track Court-III, Saidapet in so far as it reduces the sentence. PRAYER in Crl.R.C.No.2002 of 2023: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order dated 30/06/2023 made in Crl.A.No.262/2022 on the file of Learned XXI Additional Sessions Court at Chennai modifying the order dated 16/09/2022 in C.C.No.1750 of 2018 passed by the Learned Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai.

For Petitioner in Crl.R.C.No.1576 of 2023 & Respondent in Crl.R.C.No.2002 of 2023 :

Mr.S.Ramesh For Respondent in Crl.R.C.No.1576 of 2023 & Petitioner in Crl.R.C.No.2002 of 2023 :

Mr.K.N.Nataraj Page No.1 of 15

COMMON ORDER Crl.R.C.No.1576 of 2023 has been filed to set aside the judgment, dated 06.07.2023 in Crl.A.No.262 of 2022 passed by the learned XXI Additional Sessions Judge, City Civil Court, Chennai (lower appellate Court) confirming the judgment in C.C.No.1750 of 2018, dated 16.09.2022 passed by the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet (trial Court) in so far as it reduces the sentence.

2.Crl.R.C.No.2002 of 2023 has been filed to set aside the judgment, dated 06.07.2023 in Crl.A.No.262 of 2022 passed by the learned XXI Additional Sessions Judge, City Civil Court, Chennai confirming the judgment in C.C.No.1750 of 2018, dated 16.09.2022 passed by the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet. 3.For the sake of convenience and clarity, the petitioner in Crl.R.C.No.1576 of 2023 and respondent in Crl.R.C.No.2002 of 2023 is referred to as complainant and the respondent in Crl.R.C.No.1576 of 2023 and petitioner in Crl.R.C.No.2002 of 2023 is referred to as accused. Page No.2 of 15

4.The background of the case is that the accused is the family friend of the complainant for the past ten years and the accused was running provision store in the name of M/s.Raja Stores, Adyar Chennai. The accused approached the complainant and sought financial assistance in order to tide over the financial crisis and to develop his business. The accused also agreed to pay the same with 24% interest. Therefore, the complainant lent a sum of Rs.20,00,000/- to the accused in regular installments from April 2015 to September 2015. The loan secured by promissory notes (Exs.P1 to P4) executed by the accused in favour of the complainant. The said loan amount of Rs.20,00,000/- is also recorded in the complainant's Income Tax Return for the assessment year 2016-2017. In discharge of the said liability, the accused issued two cheques bearing Nos.

646748, dated 26.09.2016 for Rs.20,00,000/- and another cheque bearing No.646749, dated 26.09.2016 for Rs.4,80,000/- drawn on Indian Bank, Chennai towards full and final settlement. When the cheques were deposited for encashment, the same was dishonoured. Thereafter, statutory notice issued and the complaint was filed before the trial Court in C.C.No.1750 of 2018 following the statutory conditions. Page No.

5.During trial, on the side of the complainant, he examined himself as PW1 and marked 18 documents as Exs.P1 to P18. On the side of the defence no witness examined and no document marked. On conclusion of trial, the trial Court convicted the accused for offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to six months Simple Imprisonment and to pay a fine of Rs.10,000/-, in default to undergo one month Simple Imprisonment and also directed the accused to pay Rs.30,00,000/- to the complainant as compensation. Challenging the same, the petitioner preferred an appeal before the lower appellate Court in Crl.A.No.262 of 2022 and the lower appellate Court vide judgment, dated 06.07.2023 partly allowed the appeal setting aside the sentence and modified to the effect that the accused shall undergo sentence of one month Simple Imprisonment and ordered to pay compensation of Rs.30,00,000/- to the complainant.

6.Now challenging the modification of the lower appellate Court in Crl.A.No.262 of 2022, dated 06.07.2023 confirming the judgment in C.C.No.1750 of 2018, dated 16.09.2022 passed by the trial Court, Crl.R.C.No.1576 of 2023 is filed by the complainant. Challenging the Page No.4 of 15

judgment, dated 06.07.2023 in Crl.A.No.262 of 2022 passed by the lower appellate Court confirming the judgment in C.C.No.1750 of 2018, dated 16.09.2022 passed by the trial Court, Crl.R.C.No.2002 of 2023 is filed the accused.

7.Though very many grounds raised by the learned counsel for the accused and the learned counsel for the complainant in their respective criminal revision cases, finally both the parties had come to an understanding to resolve the issues between them including the civil suit which has been filed by the complainant and obtained decree against the accused. The scanned reproduction of the memo of compromise memo is as follows: Page No.5 of 15

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8.After negotiation, the complainant considered the compensation to be paid by the accused. The plea of the accused is that, at present he is facing prosecution both under the Negotiable Instruments Act and a civil Court decree against him. Hence, he pleads that some concern may be shown and the amount to be reduced considering the past relationship between them, the inclination of the accused to pay the amount to the complainant and to give quietus to the litigations, both civil and criminal, pending between them. 9.Today, the accused appeared along with his counsel, produced the memo of compromise entered between the complainant and the accused wherein the accused has got no objection to the complainant to withdraw the amount of Rs.6,00,000/- deposited in C.C.No.1750 of 2018 without any notice to the accused.

The complainant acknowledged the receipt of Rs.3,00,000/- paid on 10.03.2023 in civil suit in C.S.No.20 of 2018. Further, the complainant admits and acknowledges Rs.4,00,000/- directly received from the accused during hearing of the present criminal revision cases. In all, the complainant acknowledged the receipt of Rs.13,00,000/- paid by the accused. The accused undertakes to pay Rs.10,00,000/- in five equal installments of Rs.2,00,000/- each commencing from 31.03.2024 and complete the payment Page No.

by July 2024. Hence, the accused as well as complainant prayed both the criminal revision cases can be disposed. To compound the offence, the complainant filed a petition under Section 147 of the Negotiable Instruments Act, 1881 in Crl.M.P.No.5364 of 2024 in Crl.R.C.No.2002 of 2023 to withdraw the complaint and the same is ordered. 10.Considering the submissions and on perusal of the materials, it is seen that the complainant and the accused appeared and confirmed the compromise between them. The accused gave undertaking that he would pay Rs.10,00,000/- in five equal installments of Rs.2,00,000/- from 31.03.2024 onwards and complete the same by July 2024 without any default. The complainant apprehends that from the year 2017 the accused had been delaying to honour the cheque despite suffering on civil suit filed against him in C.S.No.20 of 2018.

11.At this stage, the accused submitted that he is receiving rental income for every month and having business. Hence, he would make the payment without fail. He further undertakes that if any default occurs, he is solely responsible and shall abide by any action of this Court. Page No.12 of 15

12.In view of the above development and in the interest of both the parties not to keep these proceedings pending since it will affect their future life, this Court accepts the compromise entered between them with the condition that the accused to make the payment of Rs.10,00,000/- in five installments of Rs.2,00,000/- each to the respondent. After payment of Rs.10,00,000/- by the accused, the complainant to withdraw the civil suit pending in C.S.No.20 of 2018.

13.The complainant is permitted to withdraw the amount of Rs.6,00,000/- credited by the accused in C.C.No.1750 of 2018 on the file of the trial Court. The trial Court to permit the complainant to withdraw the said amount without any notice to the accused.

14.It is made clear that in the event of the accused fails to make the payment of Rs.10,00,000/- and the undertaking given is not honoured, the present order of this Court stands cancelled and the criminal revision case gets restored to the file of this Court.

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15.In view of the above, Crl.R.C.No.1576 of 2023 filed by the complainant stands dismissed and Crl.R.C.No.2002 of 2023 filed by the accused stands allowed setting aside the judgment, dated 06.07.2023 in Crl.A.No.262 of 2022 passed by the lower appellate Court and judgment, dated 16.09.2022 in C.C.No.1750 of 2018 passed by the trial Court. Consequently, connected Criminal Miscellaneous Petition are closed. 19.03.2024 Speaking order/Non-speaking order Index: Yes/No Internet: Yes vv2 To 1.The XXI Additional Sessions Judge, City Civil Court, Chennai.

2.The Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai.

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M.NIRMAL KUMAR, J.

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